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(영문) 인천지방법원 2016.09.22 2016나3775
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. From February 2, 2015 to April 4, 2015, Plaintiff 11,428,370 won (including value added tax) supplied to the Defendant with an mechanical luxuling sound (fluxur). As such, the Defendant is obligated to pay the Plaintiff the price of goods KRW 11,428,370 and the damages for delay.

B. The Defendant Taeshee Co., Ltd. was supplied with mechanical Cheongscare (fluor) and there was no supply from the Plaintiff, and thus, there was no obligation to pay the price for the goods to the Plaintiff.

2. It is insufficient to recognize that the Plaintiff supplied mechanical Cheongmuls to the Defendant solely on the basis of the descriptions of the evidence Nos. 2 (Certification of Contents) and 3 (Certification of Facts) by itself, and there is no other evidence to prove otherwise.

3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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